Bruce v Brown & Anor [2011] ScotCS CSOH_165 (11 October 2011)

Bruce v Brown & Anor [2011] ScotCS CSOH_165 (11 October 2011)

The pleadings against the First Defender are not incapable in law of supporting the claim; there is a prima facie case for inquiry. Chapter 43 procedure dictates that proof should be allowed except in exceptional cases. The motion for Procedure Roll debate is refused and proof is granted.

Citation
[2011] ScotCS CSOH_165
Parties
Pursuer: Melissa Bruce; First Defender: Alastair Brown; Second Defender: Pentland Motor Company Limited, t/a Pentland Landrover; Third Defender: Land Rover
Jurisdiction
Scotland
Judgment Date
11 October 2011
Procedural Posture
Personal Injury Action / Application for Procedure Roll Debate and Motion for Proof
Outcome
First Defender's motion refused; Pursuer's motion granted.
Legal Topics
Negligence, Common Law Fault, Consumer Protection Act 1987, Procedural Rules (chapter 43)
Personal Injury Civil Procedure Negligence Common Law Fault Consumer Protection Act 1987 Procedural Rules (chapter 43)

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Parties

Melissa Bruce

Pursuer

Alastair Brown

First Defender

Pentland Motor Company Limited, t/a Pentland Landrover

Second Defender

Land Rover

Third Defender

Procedural Posture

Personal Injury Action / Application for Procedure Roll Debate and Motion for Proof

Legal Issues

  1. 1 Whether the pleadings against the First Defender are legally relevant to support a claim of negligence
  2. 2 Whether the case should be sent to Procedure Roll for debate or allowed to proceed to proof

Ratio Decidendi

The pleadings against the First Defender are not incapable in law of supporting the claim; there is a prima facie case for inquiry. Chapter 43 procedure dictates that proof should be allowed except in exceptional cases. The motion for Procedure Roll debate is refused and proof is granted.

Court Disposition

First Defender's motion refused; Pursuer's motion granted.

Orders

  • Proof of eight days duration allowed.
  • All questions of expenses reserved.